Leasing Laws and Legal Rights for Tenants

In cities like San Francisco, tenants are protected by three layers of regulatons: federal, state and local.

An apartment lease or rental agreement is a contract between a landlord and a tenant that lays out the terms by which a tenant rents a property. The lease itself very often provides a tenant&amp;rsquo;s most important rights. It assures him a home through the duration of the lease provided he abides by the conditions in the agreement. Federal, state and local laws additionally provide a host of rights and protections, whether they are included in the lease or not.

Fair Housing

The federal Fair Housing Act, signed in 1968 by Lyndon Johnson on the heels of the Civil Rights Act, prohibits discrimination in the rental, sale or financing of housing based on color, race, national origin, sex, familial status or disability--which are collectively referred to as protected classes. A landlord cannot say an apartment is unavailable when it is open or steer you to another complex because of your race. He cannot evict you because you adopted two children and the other tenants are without children. In summary, he cannot base any of his rental decisions on your membership in a protected class.

Geography

While federal laws pertaining to housing rental apply nationwide, many tenant rights vary widely from state to state. The eviction process--what type of notice is required and how long the process takes--varies regionally. A few states, such as New Hampshire, limit eviction to just cause--such as failure to pay rent or violating another condition of the lease. Other states regulate certain aspects of a tenancy. In California, for instance, there is a cap to security deposits of not more than twice the monthly rent, and the process and time frame regarding the return of the deposit is regulated.

Rent Control

Rent control is a local law limiting rent increases and also usually limiting evictions. While some states are without any localities having rent control, in others it is commonplace. In California dozens of cities have some form of rent control, including San Francisco, Oakland, Berkeley and Santa Monica. Each ordinance is different. San Francisco&rsquo;s rent control ordinance, for instance, also regulates how much interest must be given on security deposits, how rent increases can be &ldquo;banked,&rdquo; or held over, and mandates that landlords inform tenants of their right to contact the city&rsquo;s rent board for questions or complaints.

Warnings

House rules can be included in a lease. Standard house rules include designated quiet times, pet policies, process for garbage removal, maintenance and cleanliness requirements, garage and yard restrictions and parking rules. Sometimes tenants mistakenly believe they can be evicted only for failure to pay rent. However, violation of any lease term, including house rules, can result in an eviction.

Other Considerations

In states and cities without a just cause eviction requirement, the only protection a tenant has against eviction is a set duration to the lease. If the term has expired or the lease was initially written for a month-to-month tenancy, the landlord can evict you without cause. If you are concerned about this issue, ask for a lease that specifies the duration of the tenancy.

About the Author

Mary Gallagher runs Mary Gallagher Planning (mgaplanning.com), an urban planning and consulting business in San Francisco. She is the former assistant planning director for San Francisco and planning director for San Mateo. Gallagher has been writing about real estate, development and land use for numerous websites since 1995. She holds a master's degree in historic preservation planning from Cornell University.

Photo Credits

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